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Process Agent

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What Is A Process Agent?

A process agent is a representative that legal service of process is served in the case of any lawsuit brought against a motor carrier, freight forwarder or broker.  The federal motor carrier safety administration (F.M.C.S.A.) requires all motor carriers to have designated process agent in each state it is authorised to operate and for each of state, they travel through.  Process agents serve as your statutory agent in each state where you have interstate operating authority. Process agents act receive any formal notices and any legal documents on any legal action that has been filed against you in the states you transport to, from or via.  The process agent basic function is to act as a channel between you and legal system and enable court actions to be served when needed.

The implementation unified registration system (U.R.S.), will have every motor carrier have a designation in each state of operation.  Motor carriers are to list all their process agents in each state as per the designation of process agents by motor carrier and brokers.

How do you hire a process agent?

  • The applicant (motor carrier, freight forwarder or broker) if required to contact a process agent.
  • The process agent files form BOC-3 – the designation of process agents with the federal motor carrier safety administration (F.M.C.S.A.).
  • Note: only one copy of BOC-3 should be filled.  It should include all the states of operations.  A copy of this document should be retained by the applicant.
  • Depending on the type of authorization you have applied for, the federal motor carrier safety administration (F.M.C.S.A.) will have specific insurance requirement, this proof of insurance must be provided before been approved.

Trucking Companies are Required to Have a Processing Agent by Federal Law.

For anyone starting a trucking company, the first step is to obtain a motor carrier authority by completing an OP-1 application form with the federal motor carrier safety administration (F.M.C.S.A.). Once approved you will get a docket number and be published in the federal motor carrier safety administration (F.M.C.S.A.) register.

The second step – get a USDOT number. You will be required to fill the MCS-150(motor carrier identification report) together with the MCS-150A (safety certification application). These forms are easily available the federal motor carrier safety administration (F.M.C.S.A.) site.

Designation of process agent – the federal motor carrier safety administration (F.M.C.S.A requires you fill a BOC-3 form listing your process agents for all interstate authorities.

FORM BOC-3: Designation of Agents for Service of Process

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